Domestic partnerships and health benefits

Domestic partnerships and health benefits

Posted By
Levine & Levine

Until same-sex marriage was legalized in New Jersey, many gay and lesbian
couples had limited options for receiving certain benefits generally reserved
for married couples. As domestic partners, these couples were able to
qualify for health insurance coverage, for example, from some employers.
In other situations, they were still looked upon as unmarried couples.

According to the State of New Jersey
Department of Health website, New Jersey enacted legalized domestic partnerships in 2004. When civil
unions were created in 2007, some of the rules for domestic partners were
changed. Now, as family legal issues have led to ability for all couples
to get married in any state, some questions are arising about previously
developed domestic partnerships. An article in
the New York Times notes that it is unclear as to how different companies will handle employee
benefits in this changing environment.

Some large corporations have already announced their choices to rescind
healthcare coverage to people in domestic partnerships. Couples may be
given a certain period of time in which to get married in order to retain
their benefits or be prepared to lose them. Offering health insurance
for domestic partners was sometimes only allowed for gay or lesbian couples
since they did not have the ability to marry. However, 62 percent of Fortune
500 companies that extended this benefit did so also for heterosexual
couples. In these cases, keeping the coverage may be more likely than
in situations where this was not the case.

This issue is just one more that highlights the complexities involved in
this area of family law. When questions like these arise, it can be helpful
to discuss things with an attorney.